Emiliano Sala tragedy sparks unsavoury legal wrangle

Fan tributes to Emiliano Sala outside Cardiff City Stadium. Cardiff City and French side Nantes are threatening to go to court over the late Argentinian striker’s £15 million transfer fee. (Getty Images)
Updated 20 February 2019

Emiliano Sala tragedy sparks unsavoury legal wrangle

  • The plane carrying the striker came down in the English Channel en route to the Welsh capital on January 21, two days after he completed his transfer from Nantes
  • Cardiff have so far refused to pay the first instalment of the club record fee, believed to be £5 million, as they await the results of an Air Accidents Investigations Bureau investigation

LONDON: The tragedy of the plane crash that killed Argentine footballer Emiliano Sala has now entered an ugly aftermath as Premier League club Cardiff City and French side Nantes threaten to go to court over his £15 million ($19 million) transfer fee.
Sala, who was buried at the age of 28 in the Argentine village of Progreso on Saturday, never played a game for Cardiff. The plane carrying the striker and pilot David Ibbotson came down in the English Channel en route to the Welsh capital on January 21, two days after he completed his transfer from Nantes.
Cardiff have so far refused to pay the first instalment of the club record fee, believed to be £5 million, as they await the results of an Air Accidents Investigations Bureau (AAIB) investigation into the causes of the crash.
The Telegraph reported on Sunday that Cardiff believe that if the AAIB find Ibbotson did not hold the necessary license to carry passengers on a commercial basis, then a negligence claim could be launched against whoever arranged the flight.
That would point the finger at agents Willie and Mark McKay, who were hired by Nantes to secure the transfer.
Willie McKay has accused Cardiff of “trying to throw me under the bus” in an attempt to avoid paying the transfer fee.
Speaking to The Times, Willie McKay said his son Mark arranged the fateful flight carrying Sala and Ibbotson, just as he had organized several flights for brokers of the deal in the weeks previously, including Cardiff manager Neil Warnock.
Willie McKay also rejected a statement from Cardiff chairman Mehmet Dalman that the club were unaware of who made Sala’s flight arrangements.
In his published timeline of events, Willie McKay said: “Emiliano was due to be met by the Cardiff City player liaison officer who was waiting for him to arrive at the Signature Flight Support building at Cardiff Airport on Monday evening (January 21). Cardiff City knew of the flight and who organized the flight.”
Cardiff have also reportedly questioned Willie McKay’s practice of trying to inflate transfer fees by fabricating interest in players from clubs.
“It was us who put in the media about other clubs wanting you — West Ham, Everton etc — to create an interest on you that’s what we do,” Willie McKay wrote in a letter to Sala that has now been made public.
However, that is a common, if dubious, practice among football agents and Cardiff’s case to use that as a reason for avoiding any part of the transfer fee is unlikely to be met with favor should the case proceed to court.
Nantes believe the McKays’ work for them ended when Sala’s move was transfer was completed, therefore absolving them of any responsibility over the arrangements of the flight.
The Guardian reported on Wednesday that Nantes will take their case to FIFA this week if the £5 million instalment is not paid.
“FIFA has not been contacted on this matter,” world football’s governing body said when contacted by AFP.
A resolution via FIFA’s players’ status committee or even the Lausanne-based Court of Arbitration for Sport (CAS) is likely unless Cardiff relent on their current stance.
“There are, in my opinion, two possible solutions,” sports lawyer Gianpaolo Monteneri, who was head of FIFA’s Players’ Status Department from 1997-2005, told the Press Association.
“The first one is that the parties have established to go to FIFA and, in such a case, the matter is submitted to the players’ status committee in the first instance, with the possibility of an appeal to CAS.
“But it is also possible that the parties have decided to skip FIFA and go direct to CAS.”
Should Cardiff be found to have failed to comply with their contractual obligations without due cause, a range of sanctions are on offer to FIFA, according to Monteneri.
“If certain deadlines, which are mentioned in the transfer contract, are not met then these may trigger consequences for the club in question.
“This can be from an admonishment right up to a withdrawal of league points.”


India beats New Zealand in 2nd T20, leads 5-match series 2-0

Updated 26 January 2020

India beats New Zealand in 2nd T20, leads 5-match series 2-0

  • New Zealand struggled to achieve any real momentum
  • The match raised further questions about the coaching and captaincy of the New Zealand team

AUCKLAND, New Zealand: K.L. Rahul made an unbeaten 57 Sunday to steer India to a seven-wicket win over New Zealand in the second Twenty20 international and to a 2-0 lead in the five-match series.
Rahul and Shreyas Iyer put on 86 for the third wicket as India cruised past New Zealand’s total of 132-5 with 2.3 overs to spare. Shivam Dube (13 not out) hit a six from the bowling of Tim Southeein in the 18th over to lift India to 135-3.
Iyer made 58 not out and Rahul 56 as India beat New Zealand by six wickets with an over to spare in the first match of the series.
New Zealand made 203-5 batting first in that match but on Sunday, on the same pitch, it struggled to achieve any real momentum. During the second match the pitch played much slower and India bowled expertly to restrict New Zealand’s total.
Martin Guptill made 33 in a 48-run opening partnership with Colin Munro and Tim Seifert made an unbeaten 33 at the end of the innings but New Zealand wasn’t able to reach a total that could stretch India’s deep batting lineup.
Rohit Sharma (8) and captain Virat Kohli (11) were out relatively cheaply but Rahul and Iyer (44) sped India toward a comprehensive victory.
Dube came to the crease shortly before the end and quickly brought the match to a conclusion.
“I think we backed up the first match with a very good performance today, especially with the ball,” Kohli said. “We demanded that the bowlers stood up and took control of what we wanted to do out there.
“I think our line and length and the way we wanted to bowl on that wicket, sticking to one side of the wicket and being shorter was a very good feature of us as a team and helped us restrict a very good New Zealand team.”
New Zealand’s total was inadequate, even on a slower pitch, and India almost toyed with the home side as it made its way to a comfortable win.
New Zealand named the same team that lost the first match of the series and batted after winning the toss, just as it batted when it was outplayed in the first match of the series.
The match raised further questions about the coaching and captaincy of the New Zealand team after its humiliating test series loss in Australia last month. New Zealand showed again Sunday it hasn’t the talent to compete with the best teams in the world.
“As a batting unit we probably needed another 15 or 20 to make that total more competitive,” said New Zealand captain Kane Williamson. “But credit to the way the India side bowled, they’re a class side in all departments and they put us under pressure throughout that middle period.”

Related